Long Term Disability Denial Attorney in Birmingham, AL
If your employer-sponsored long-term disability (LTD) claim was denied, don’t give up. Due to the expense and complex nature of LTD claims, insurance companies tend to deny claims for a seemingly endless number of reasons, some legitimate and some not. An experienced LTD lawyer in Birmingham, AL can help you navigate the claims and appeals process and make sure you avoid costly mistakes.
At Petro Accident and Injury Attorneys, we assist disabled individuals with their complex LTD and other ERISA claims. Contact us today to learn more about hands-on approach to disability insurance law.
What Is ERISA?
The Employee Retirement Income Security Act of 1974, or ERISA, governs most employer-sponsored fringe benefits, including long-term disability plans. If your employer paid for part or all of your disability insurance coverage, this federal law covers your claim — and you must carefully follow its rules and procedures. A single mistake, such as filing your lawsuit too soon or in state court, can seriously delay your claim and lead to lost benefits and compensation.
Why Did The Insurance Company Deny My LTD Claim?
LTD claims are very complex. Most successful disability insurance claims require a detailed medical, vocational, and legal analysis that involves a review of your medical records, physical and mental capabilities, disability insurance plan documents, work history and education, and federal laws and case law that may impact your claim.
While every claim is unique, there are some common reasons that lead to a denial:
Missing Medical Records
Many disability claimants don’t realize that they should provide detailed information about their medical conditions, work restrictions, and abilities. Unfortunately, the insurance company’s adjuster probably isn’t going to fill in those gaps. Sometimes, you’ll need to collect doctor and hospital records, diagnostic reports, statements from your physicians, and off-work slips.
Your Policy’s Definition Disability
Different LTD policies define disability differently. Your Alabama LTD denial lawyer will look carefully at your policy’s requirements and how they apply to your unique circumstances.
For example, some policies set strict waiting periods before you can qualify for benefits. Others list a wide variety of medical conditions and circumstances that it refuses to cover. Your attorney will also determine whether you need to be disabled from your own occupation or any job.
ERISA and LTD claims have many filing deadline and strict procedures. If you miss one of these steps, and file your lawsuit too late or too early, you could lose your right to benefits. Some of these deadlines are very short. For example, many LTD plans only give you 180 days to file your initial, administrative appeal. If you’re unsure how to proceed with your claim, you should consult with an Alabama long term disability attorney as quickly as possible.
Inconsistencies In Your Claim Or Records
Disability insurance adjusters are skeptical of claims and are always on the lookout for inconsistencies. If your medical records, forms, or other information provide varying descriptions of your disability, the insurance company may think that you’re exaggerating your symptoms. They may even pay a private investigator to track you in person and online.
Rare Or Hard-To-Understand Medical Conditions
While insurance adjusters have a fairly good understanding of common medical conditions like arthritis, they aren’t medical experts. If you have a relatively rare condition, or one like multiple sclerosis (MS) or rheumatoid arthritis (RA) that can wax and wane, they may have a hard time understanding your circumstances. In these cases, it’s always a good idea to consult with an Birmingham long term disability lawyer who can educate the company (or a judge) about your diagnoses and struggles.
Request Your Free Consultation With An Alabama LTD Lawyer
To learn more about how an Alabama long term disability lawyer can help, contact Petro Accident and Injury Attorneys for a free, no-risk consultation today. We’ll help you understand your legal rights, suggest ways that you can improve your chances of an approved claim or appeal, and help you craft a plan that meets your needs.
Our team of LTD lawyers and other compassionate professionals who have one goal — getting our clients the help they deserve. We pride ourselves on personalized service and practical advice. We look forward to hearing from you.